The Bottineau pioneer. (Bottineau, N.D.) 1885-1895, 1887-12-15

the said p0ticas must state when and wher
the own board will meet TO consider Ii
said petition. See sect. SO and 37, s.. 4. R
a. Of 1883. And the said party who post
ed the said notices must lay the petition be
forore the said board with his affidavit at
tached showing that the above requirements
have been strictly complied with.
On the supervisors receiving the petition
as aforesaid, they shall, within 30 days
cause the town clerk 10 make out q notice
when and where they will meet to finally
act on said petition and along with a copy
Of the original petition the town clerk shall
post such notice in 8 Of the most public pla-
ces of the town, ut least 10 days before such
meeting. And one or more Of the parties
who signed the original petition shall also
cause a copy Of the said notice to be served
on every owner Of the lands, ifhe be known,
over which said road is proposed to be 10.
Gated, 10 days before the meeting Of such
board, and must certify on oath to said
board that this requirement has been strict
~ complied with.
The supervisors on being satisfied that
all the requirements have been complied
with. shall proceed at once to examine such
highway and any reasons presented by any
tax payer why the road should be or not be
laid out, and they shall settle all dam lagos
in the manner described by law by reason
of laying out county roads, unless the own,
Ell. Of such'lands shall, in writing, release
all claims to damages; but unless such re-
lease be filed in the Office Of the town, clerk,
or the damages paid or disposed Of as pro-
vided by law, the said road shall not be
opened. wrought or used.
It may be noticed here that . town order
issued for the amount agreed on, is q sufi-
cient settlement for all damages under this
chapter, The supervisors shall also make
out o statement and certify to it on oath,
giving a description Of each parcel Of land
that damages have been settled on; also a
description Of all lands releases were grant,
cd for, and also q description Of all lands
they failed to agree with the owners for
damages if any, and the amount offered in
liquidation Of such damages and file the
same within s days in til, Office of the town
clerk: If the supervisors think that the
said road will be advantageous to the town
or any part thereof, they shall pass an or
der declaring said road open and shall with
in 30 days cause such order along with Pc
t~itions, notices and afidavits attached there,
to to be filed in theofice of the town clerk.
and the same shall for all time be accepted
in any court Of law as prima facie evidence
of existence of such road as proof Of the pro-
ceedings required by law in laying out the
same. And after the town clerk has faith
fully recorded all the aforesaid instruments
he shall within. 20 days send them to the
county clerk who shall file and preserve
them for oil time to come.
And if the supervisors think the said
road would not be an advantage to the town
then then they shall state their objection in
writing and an order declining to open said
road and put the same on file in the Office Of
town clerk and they shall not act on any
petition to open the same road again for at
least one year. But any legal voters who
may be aggrieved by any action Of the said
board whether it be for or. against laying
out such road can take an appeal within 80
days the same as in a county road, if it is
q question Of value and the same less than
q 500 it must be taken before some Justice
Of Peace not living in said town and by
him brought before a jury whose decision
must be final. =.
A tow line road is located on o line div
iding two civil townships and is not less
than four rods in breadth and is created
by a petition the same as o town road and
all notices must be posted and damages set
tied for and identica!ly the same proceed
ing taken as in laying out a town road only
that the damages must be paid by each
town for its own share Of the road and the
petition may he acted upon by a joint meet
ing of the boards of both towns at least two.
members from each town must attend and
the road must be laid out as near as possible
OF the division line and a copy of oil pro-
ceedings had in relation thereto must be re-
corded in the books Of the respective towns
if the said boards lay the road out and if
they refuse, IN appeal may be taken to
jury the. same as on other reads by any Legal
voter that may feel aggrieved and if they lay
the road out they shall divide it into two
road districts, dividing the cost-of construct
ion as near as possible and each town shall
keep up the part allotted to itforever after.
It may be proper to remark here that oil
roads laid out by town or comfy authority
except cartwuys may be six rods in width
when all the residents ON the land adjoin-
ing such road petition for tho same and it is
lawful to pay damages according'y-see sect
ion SO to so, road act Of 1883.
As there still seems to be a misunderstand-
ing in as far as the legislature can delegate
its power to a county board to lay out roads
without a petition or paying damages, / find
that Sec. 2447 r. s U. s. gives power to any
corporation municipal or otherwise to Jay
out wagon or plank roads over the public
lands, but they must first get nm order to do.
50 from the commissioner Of the general
land Office and on receipt If such order they